Sources of international law (by Advocate Raja Aleem)Raja Aleem
International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
Sources of International Law:
The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
Definitions of Jurisprudence. Scope & Relationship with other social sciencescarolineelias239
this slide says about the definitions put forward by famous scholars, better meaning of jurisprudence, and how different social science subjects are inter connected with Jurisprudence.
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
Sources of international law (by Advocate Raja Aleem)Raja Aleem
International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
Sources of International Law:
The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
Definitions of Jurisprudence. Scope & Relationship with other social sciencescarolineelias239
this slide says about the definitions put forward by famous scholars, better meaning of jurisprudence, and how different social science subjects are inter connected with Jurisprudence.
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system.
A constitution means a document having a special legal sanctity which sets out the framework and principal functions of the government.
It gives idea about the basic structure of the political system under which its people are to be governed.
It defines the powers of the main organs of the state, demarcates their responsibilities and regulates their relationship with each other and with the people.
It can also be termed as the Fundamental Law of a country which reflects people’s faith and aspirations.
LLB LAW NOTES ON JURISPRUDENCE LEGAL THEORY
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What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
The primary object of this assignment is to offer a systematic study of the Civil Law Legal System. An attempt has been made to examine what is civil law legal system, historical basics of civil law legal system, common types of legal system to the world, salient features of civil law legal system, differentiation from other major legal systems, modern Common and Civil Law Systems, countries following Civil or Common Law, a comparative study between Common Law and Civil Law Systems, Civil Courts and their Jurisdictions in Bangladesh, Hierarchy of Civil Courts in Bangladesh, Pecuniary Jurisdiction of Civil Courts in Bangladesh...
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system.
A constitution means a document having a special legal sanctity which sets out the framework and principal functions of the government.
It gives idea about the basic structure of the political system under which its people are to be governed.
It defines the powers of the main organs of the state, demarcates their responsibilities and regulates their relationship with each other and with the people.
It can also be termed as the Fundamental Law of a country which reflects people’s faith and aspirations.
LLB LAW NOTES ON JURISPRUDENCE LEGAL THEORY
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
The primary object of this assignment is to offer a systematic study of the Civil Law Legal System. An attempt has been made to examine what is civil law legal system, historical basics of civil law legal system, common types of legal system to the world, salient features of civil law legal system, differentiation from other major legal systems, modern Common and Civil Law Systems, countries following Civil or Common Law, a comparative study between Common Law and Civil Law Systems, Civil Courts and their Jurisdictions in Bangladesh, Hierarchy of Civil Courts in Bangladesh, Pecuniary Jurisdiction of Civil Courts in Bangladesh...
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
World Without Law Professors: Legal Research and EducationPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to -
a) comprehend the necessity of academic legal research
b) identify deep legal research and interdisciplinary legal research
Learning Outcome: After completing the lesson students will be able to -
a) comprehend the scope and variety of legal research
b) prepare for learning about the different features of the legal doctrine
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
1. AMALIA SULAIMAN UKM LAW SCHOOL 2020/2021
INTRODUCTION TO JURISPRUDENCE
3W : What, Who, Why
1. WHAT is Jurisprudence?
2. WHO should study Jurisprudence?
3. WHY study Jurisprudence?
Glossary:
Latin: prudentia juris = skill (ed) in law
Ancient Roman: juris + prudencia = exclusive power of judgment on facts
17th
Century English: knowledge of or skill in law
Synonyms: Jurisprudence, Theory of Law, Philosophy of Law
1. WHAT is Jurisprudence?
Jurisprudence involves the study of general theoretical questions about the nature of law and
legal systems about the relationship of law to justice and morality and about the social nature
of law.
• The philosophical interpretation of concept, the nature and the purpose of law
• One must look at jurisprudence outside of law
• Idea from human behaviours from many centuries and religion
• Jurisprudence answers to:
✓ What is law?
✓ What are the criterias for legal validity?
✓ What is the relationship between law, morality and justice?
2. AMALIA SULAIMAN UKM LAW SCHOOL 2020/2021
1.1 Nature of Jurisprudence:
• Has no authority / law / precedents
• It is a writing of scholars / jurists / philosophers
• There is no answer to a particular issue
• There is no right or wrong
• It requires deep thinking, critical analysis and in-depth discussion
Georg Wilhelm Friedrich Hegel (German Philosopher): “philosophy cannot teach the world
what it ought to be”
• The philosophy is far from the matters of fact treated in empirical sciences.
• The materials have not the pedagogical interest produced by casebook dogno
• The law is the only institution that is mainly a deductive system or employs
predominantly the logic of subsumption
2. WHO should study Jurisprudence?
First: Jurisprudence may be taught in the art and philosophy departments preceding the law
studies or concurrently with law studies.
Second: Jurisprudence may be taught in post-graduate studies.
Third: Jurisprudence is totally situated in the legal realm. Thus, it shall be studied by lawyers.
3. AMALIA SULAIMAN UKM LAW SCHOOL 2020/2021
3. WHY study Jurisprudence?
Professor Max Rheinstein (American-German jurist)
“To be a good craftsman of the law, students must not only learn the law, but also become
proficient in the use of its tools. These tools are concept, logic and language.”
Students should study jurisprudence:-
• To understand law
• To know the idea behind law
• To know the impact of law
• To know the wholesome of law
• To check the credibility of law
• To understand the different perspective of law
• It is a form of weapon for lawyers
4. Two Main Streams in Jurisprudence
Naturalism Positivism
• A system of universal moral and
ethical principles.
• It is aim to preserve freedom and
morale.
• Law is the supreme will of the state.
• It is aim to ensure the existence of
society.
4. AMALIA SULAIMAN UKM LAW SCHOOL 2020/2021
4.1 Foundational Outlook
Analytic Jurisprudence Normative Jurisprudence
• Concerns with the inquisitive nature
of academics carrying out their
studies in this area- asking questions
like;
‘What is law?’
‘What is the relationship between law
and sociology?’
‘What is the relationship between law
and morality?’
• Jurists: HLA Hart and John Austin
Question ask: What law is instead of
what it ought to be.
This area of legal theory is clearly not
concerned with the hypothethical
only the reality of a given situation
within a set of circumstances at a
particular time in a particular place.
• Recognises what law ought to be in
an ideal world and overlaps this idea
with both moral and political
philosophy, in relation to as to wether
the law should be punished, the use
of regulation and as to how the
judiciary should reach its judgments.
• Jurists: John Rawls, Fuller
5. Meaning of Law
CASE: Che Ani Bin Itam v PP [1984] MLJ 113 at 115
“It is now firmly established that ‘law’ in the context of such constitutional provisions as Articles
5, 8 and 13 of the Constitution refers to a system of law which incorporates those fundamental
rules of natural justice that had formeed part and parcel of the common law of England that
was in operation at the commencement of the Constitution”.
Article 160 FC defines “law” to include:
“Written law, the common law in so far as it is in operation in the Federation or any part thereof,
and any cutom or usage having the force of law in the Federation or any part thereof”.
5. AMALIA SULAIMAN UKM LAW SCHOOL 2020/2021
6. Abstract and Theoretical Questions of Law
• Origin of law
• Nature of law
• Purpose of law
• Morality and justice of law
• Role and relationship of law
7. Contextual Understanding of Legal Theories and Law
Various basics contexts:
1. Religion: jurists look at the religious teaching
2. Historical: jurists work within the intellectual climate of their era
3. Cultural: legal concepts differs from one culture to another. Rights, freedom and
justice.
4. Social: The setting of the society determine the structure of the law
Context of the questions asked and how a person viewed a situation influence the
understanding.
8. Modern Jurisprudence
Professor Hari Chand;
“Jurisprudence is a science which aims at perfecting law to achieve its purpose in the broader
sphere of social justice. In other words, jurisprudence is an endeavour to trace a law behind
laws so that it becomes a more serviceable tool in the service of mankind.”
Modern Issue: Abortion in Malaysia
• What is the objective of abortion law?
• Does it fulfill the requirements of morality and justice?
• What is the impact of the society?
• Should the conduct be illegalised or legalised?
• Legality or legitimacy?